WOUNDING CHARGE S.M. reserves decision

Press, Volume CX, Issue 32420, 6 October 1970, Page 3

WOUNDING CHARGE S.M. reserves decision

(New Zealand Press Association)

DUNEDIN, October 5.

A Chinese cafe proprietor, Jim Yuen Yee, aged 36, who shot a burglar in the leg when the man tried to escape from his premises, pleaded not guilty before Mr T. A. Ross, S.M., in the Magistrate’s Court today to a charge of causing bodily injury by careless use of a firearm.

The Magistrate reserved his decision and tonight visited the Shanghai Cafe to inspect the area where the shooting occurred.

Yee is charged with causing bodily injury to Falevalue Suesue, who was shot in the thigh with a .22 rifle. Suesue earlier appeared on the charge of burglary. Mr E. B. Anderson appeared for Yee and Detective Senior-Sergeant D. W. B. Warner prosecuted.

The Magistrate said there were important principles as well as detail to be considered in the case. He had to consider the amount of force which a man might use when in difficulties in his own house, whether the man was protected from criminal liability, and whether he had carelessly used the rifle. He said that he accepted that Yee’s actions were enough to indicate to Suesue that he was under arrest. Yee was entitled to use such force as was necessary to prevent an escape unless such an escape could be prevented by less violent means.